 | Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1864 - 1042 Seiten
...law will excuse him ; but when the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding...necessity, because he might have provided against it by bis contract. And there accordingly it was held no plea to an action for rent reserved by lease that... | |
 | United States. Supreme Court - 1870 - 820 Seiten
...the law will excuse him But where a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding...And, therefore, if the lessee covenant to repair a Argument for the owner of the soil. house, though it be burnt by lightning or thrown down by enemies,... | |
 | Massachusetts. Supreme Judicial Court - 1866 - 630 Seiten
...when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract. 2 Williams's Saund. 422 a, note 2. The good sense of the rule seems to be this, that in a case where,... | |
 | Charles Abbott (Baron Tenterden) - 1867 - 1178 Seiten
...(o) applies, viz. : ' That where a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding...necessity, because he might have provided against it by the contract.' " This judgment is in conformity with the opinion delivered by Lord Stowell, in the... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - 622 Seiten
...the plaintiff; that " whenever a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract." See, also, Chitty on Contracts, 734. In the case before us, the relation of landlord and tenant did... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 Seiten
...in his opinion, said : " Whenever a party by his own contract creates a duty or charge upon himself he is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract " (citing numerous authorities). Judge Johnson, in the same case, said : " The performance must be... | |
 | Theophilus Parsons - 1869 - 730 Seiten
...26, applies, namely, ' That when a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract.' " See also Naylor v. Taylor, 9 B. & C. 718. i Avery v. Bowden, 5 Ellis & B. 714, 33 Eng. L. & Eq. 183.... | |
 | Nathan Howard (Jr.) - 1869 - 670 Seiten
...decisions than this, that where a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract." In reference to the hardship of mich a rule,the court very justly says: "No matter how harsh and apparently... | |
 | Theophilus Parsons - 1869 - 724 Seiten
...26, applies, namely, ' That when a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might'have provided against it by his contract.' " See also Nay lor v. Taylor, 9 B. & C. 718. i Avery... | |
 | Austin Abbott - 1870 - 570 Seiten
...surrender possession of the leasehold premises, and of the land so leased or occupied." Austin v. Field. is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract" (3 Kent Com., 465. It is established in this State that a lease of certain apartments in a building,... | |
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... when the party by his own contract creates a duty or charge upon himself he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. 
